Devising, Dying and Dispute

Devising, Dying and Dispute
Author: Lloyd Bonfield
Publisher: Routledge
Total Pages: 310
Release: 2016-04-22
Genre: Law
ISBN: 1317151690

Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

Devising, Dying and Dispute

Devising, Dying and Dispute
Author: Lloyd Bonfield
Publisher: Routledge
Total Pages: 310
Release: 2017-05-22
Genre:
ISBN: 9781138117051

Seventeenth-century England was a country obsessed with property rights. For only those who owned property were considered to have a vested interest in the maintenance of law, order and social harmony. As such, establishing the ownership of 'things' was a constant concern for all people, and nowhere is this more evident than in the cases of disputed wills. Based on a wealth of surviving evidence from the Prerogative Court of Canterbury, the probate jurisdiction which probated wills of the more wealthy English property owners as well as some of those with a more modest quantity of property, this book investigates what litigation over the validity of wills reveals about the interplay between society and law. The volume investigates, catalogs, and systematizes the legal issues that were raised in will disputes in the Canterbury Court in the last half of the seventeenth century. However, this is not just a book about law and legal practice. The records from which it draws plunge us into deeply personal and often tragic situations, revealing how the last requests of the dead and dying were often ignored or misinterpreted by family, friends and creditors for their own benefit. By focusing on property law as reflected in cases of disputed wills, the book provides a glimpse at a much fuller spectrum of society than is often the case. Even people of relatively modest means were concerned to pass on their possessions, and their cases provide a snapshot of the type of objects owned and social relationships revealed by patterns of bequests. This too is true for women, who despite being denied full participation in many areas of civic life, are frequently encountered as key players in court cases over disputed wills. What emerges from this study is a picture of a society for which notions of law and private property were increasingly intertwined, yet in which courts were less concerned with formality than with ensuring that the intentions of will-makers were properly carried out.

Last Acts

Last Acts
Author: Maggie Vinter
Publisher: Fordham Univ Press
Total Pages: 305
Release: 2019-05-07
Genre: Literary Criticism
ISBN: 0823284271

Last Acts argues that the Elizabethan and Jacobean theater offered playwrights, actors, and audiences important opportunities to practice arts of dying. Psychoanalytic and new historicist scholars have exhaustively documented the methods that early modern dramatic texts and performances use to memorialize the dead, at times even asserting that theater itself constitutes a form of mourning. But early modern plays also engage with devotional traditions that understand death less as an occasion for suffering or grief than as an action to be performed, well or badly. Active deaths belie narratives of helplessness and loss through which mortality is too often read and instead suggest how marginalized and constrained subjects might participate in the political, social, and economic management of life. Some early modern strategies for dying resonate with descriptions of politicized biological life in the recent work of Giorgio Agamben and Roberto Esposito, or with ecclesiastical forms. Yet the art of dying is not solely a discipline imposed upon recalcitrant subjects. Since it offers suffering individuals a way to enact their deaths on their own terms, it discloses both political and dramatic action in their most minimal manifestations. Rather than mournfully marking what we cannot recover, the practice of dying reveals what we can do, even in death. By analyzing representations of dying in plays by Marlowe, Shakespeare, and Jonson, alongside devotional texts and contemporary biopolitical theory, Last Acts shows how theater reflects, enables, and contests the politicization of life and death.

The Profession of Ecclesiastical Lawyers

The Profession of Ecclesiastical Lawyers
Author: R. H. Helmholz
Publisher: Cambridge University Press
Total Pages: 251
Release: 2019-05-09
Genre: Law
ISBN: 1108499066

Exploration of manuscript records and civil law sources to provide a fuller account of the history of the legal profession in England.

Children of Uncertain Fortune

Children of Uncertain Fortune
Author: Daniel Livesay
Publisher: UNC Press Books
Total Pages: 432
Release: 2018-01-11
Genre: History
ISBN: 1469634449

By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices. The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters--the very people who decided Britain's colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes--rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.

Illegitimacy, Family, and Stigma in England, 1660-1834

Illegitimacy, Family, and Stigma in England, 1660-1834
Author: Kate Gibson
Publisher: Oxford University Press
Total Pages: 314
Release: 2022-07-21
Genre: History
ISBN: 0192692828

Illegitimacy, Family, and Stigma is the first full-length exploration of what it was like to be illegitimate in eighteenth-century England, a period of 'sexual revolution', unprecedented increase in illegitimate births, and intense debate over children's rights to state support. Using the words of illegitimate individuals and their families preserved in letters, diaries, poor relief, and court documents, this study reveals the impact of illegitimacy across the life cycle. How did illegitimacy affect children's early years, and their relationships with parents, siblings, and wider family as they grew up? Did illegitimacy limit education, occupation, or marriage chances? What were individuals' experiences of shame and stigma, and how did being illegitimate affect their sense of identity? Historian Kate Gibson investigates the circumstances that governed families' responses, from love and pragmatic acceptance, to secrecy and exclusion. In a major reframing of assumptions that illegitimacy was experienced only among the poor, this volume tells the stories of individuals from across the socio-economic scale, including children of royalty, physicians and lawyers, servants and agricultural labourers. It demonstrates that the stigma of illegitimacy operated along a spectrum, varying according to the type of parental relationship, the child's race, gender, and socio-economic status. Financial resources and the class-based ideals of parenthood or family life had a significant impact on how families reacted to illegitimacy. Class became more important over the eighteenth century, under the influence of Enlightenment ideals of tolerance, sensibility, and redemption. The child of sin was now recast as a pitiable object of charity, but this applied only to those who could fit narrow parameters of genteel tragedy. This vivid investigation of the meaning of illegitimacy gets to the heart of powerful inequalities in families, communities, and the state.

The Madman and the Churchrobber

The Madman and the Churchrobber
Author: Jason Peacey
Publisher: Oxford University Press
Total Pages: 330
Release: 2022
Genre: History
ISBN: 0192897136

This microhistory reconstructs and analyses a protracted legal dispute over a small parcel of land called Warrens Court in Nibley, Gloucestershire, which was contested between successive generations of two families from the mid-sixteenth century to the early eighteenth century. Employing a rich cache of archival material, Jason Peacey traces legal contestation over time and through a range of different courts, as well as in Parliament and the public domain, and contends that a microhistorical approach makes it possible to shed valuable light upon the legal and political culture of early modern England, not least by comprehending how certain disputes became protracted and increasingly bitter, and why they fascinated contemporaries. This involves recognising the dynamic of litigation, in terms of how disputes changed over time, and how those involved in myriad lawsuits found legal reasons for prolonging contestation. It also involves exploring litigants' strategies and practices, as well as competing claims about the way in which adversaries behaved, and incompatible expectations of the legal system. Finally, it involves teasing out the structural issues in play, in terms of the social, cultural, and ideological identities of successive generations. Ultimately, this dispute is employed to address important historiographical debates surrounding the nature of civil litigation in early modern England, and to provide new ways of appreciating the nature, severity, and visibility of political and religious conflict in the decades before and after the English Revolution.